Tenements (Scotland) Act 2004
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| Long title | An Act of the Scottish Parliament to make provision about the boundaries and pertinents of properties comprised in tenements and for the regulation of the rights and duties of the owners of properties comprised in tenements; to make minor amendments of the Title Conditions (Scotland) Act 2003 (asp 9); and for connected purposes. |
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| Citation | 2004 asp 11 |
| Introduced by |
Margaret Curran, Minister for Communities |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 22 October 2004 |
| Commencement | 28 November 2004 |
| Other legislation | |
| Relates to | Abolition of Feudal Tenure Etc. (Scotland) Act 2000, Title Conditions (Scotland) Act 2003 |
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Status: Current legislation
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| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Tenements (Scotland) Act 2004 is an Act of the Scottish Parliament which regulates the law regarding tenements.
The Act is part of a package of land reforms together with the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and the Title Conditions (Scotland) Act 2003, all of which commenced on 28 November 2004.
The Bill was introduced to the Scottish Parliament on 30 January 2004 by then Communities Minister Margaret Curran, and supported by Justice Minister Cathy Jamieson and Deputy Communities Minister Mary Mulligan.
Section 26 of the Act defines a tenement as two or more related but separate flats divided from each other horizontally. The definition is framed broadly in order to include not only traditional tenement properties, but also four-in-a-block houses and larger houses which have been subdivided.
The Act contains a number of provisions affecting ownership of various parts of a tenement building:
The Act restates in statute the common law of common interest in its application to tenement properties. Owners are obliged under s.8 to maintain any part of their property which provides support or shelter to another part of the building, and are forbidden under s.9 from doing anything to their property which would impair the support or shelter provided to, or the natural light enjoyed by, any part of the building.
The Act contains a number of provision to protect owners' interest in the event of demolition.
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